RIS 2014-08, Withdrawn NRC Regulatory Issue Summary 2014-08: Regulatory Requirements for Transfer of Control (Change of Ownership) of Specific Materials Licenses: Difference between revisions

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{{Adams
#REDIRECT [[RIS 2014-08, Regulatory Requirements for Transfer of Control (Change of Ownership) of Specific Materials Licensees]]
| number = ML13260A342
| issue date = 05/27/2014
| title = Withdrawn NRC Regulatory Issue Summary 2014-08: Regulatory Requirements for Transfer of Control (Change of Ownership) of Specific Materials Licenses
| author name = Dudes L A
| author affiliation = NRC/FSME/DMSSA
| addressee name =
| addressee affiliation =
| docket =
| license number =
| contact person = Vasquez J
| document report number = RIS-2014-08
| document type = NRC Regulatory Issue Summary
| page count = 9
| revision = 0
}}{{Adams
| number = ML15181A223
| issue date = 05/05/2016
| title = Regulatory Requirements for Transfer of Control (Change of Ownership) of Specific Materials Licensees
| author name = Collins D S
| author affiliation = NRC/NMSS/DMSTR
| addressee name =
| addressee affiliation =
| docket =
| license number =
| contact person = Herrera T
| document report number = RIS-14-008, Rev 1
| document type = NRC Regulatory Issue Summary
| page count = 6
| revision = 1
}}
{{#Wiki_filter:
[[Issue date::May 5, 2016]]
 
NRC REGULATORY ISSUE SUMMARY 2014-08, REVISION 1 REGULATORY REQUIREMENTS FOR TRANSFER OF CONTROL (CHANGE OF OWNERSHIP) OF SPECIFIC MATERIALS LICENSES
 
==ADDRESSEES==
All holders of, and applicants for, a specific materials license in accordance with the provisions of Title 10, "Energy," of the Code of Federal Regulations (10 CFR) Part 30, "Rules of General Applicability to Domestic Licensing of Byproduct Material," or 10 CFR Part 40, "Domestic Licensing of Source Material." All Agreement State Radiation-Control Program Directors and State Liaison Officer
 
==INTENT==
The U.S. Nuclear Regulatory Commission (NRC) is issuing this regulatory issue summary (RIS) to clarify which information is required to be submitted to the NRC, prior to a change of ownership or control for specific materials licenses issued under 10 CFR Part 30 or 10 CFR Part 4 This RIS also provides clarification on reporting requirements under 10 CFR 2.1301, "Public Notice of Receipt of a License Transfer Application," and 10 CFR 2.1305, "Written Comments." Revision 1 of this RIS supersedes in its entirety, the original RI This RIS does not transmit any new requirement The RIS clarifies that all transfer of control (TOC) applications for specific materials licensees will be placed on the NRC's Web sit The NRC requires no specific action or written response to this RI The NRC is providing this RIS to the Agreement States for their information and for distribution to their licensees, as appropriat
 
==BACKGROUND INFORMATION==
Under Section 184 of the Atomic Energy Act of 1954, as amended, transfer of control of any license is prohibited unless the Commission finds that the transfer is in accordance with the Act and consents to the transfer in writin The NRC has issued regulations implementing this requirement, including 10 CFR Part 30.34(b)(1) and 10 CFR Part 40.46(a), which provide that no license granted under 10 CFR Parts 30 through 36, Part 39, or Part 40 can be "transferred, assigned or in any manner disposed of, either voluntarily or involuntarily, directly or indirectly, through transfer of control of any license to any person, unless the Commission . . . [gives] its ML15181A223 RIS 2014-08, Rev 1 consent in writing." NUREG-1556, Volume 15, "Consolidated Guidance About Materials Licenses: Program-Specific Guidance About Changes of Control and About Bankruptcy Involving Byproduct, Source, and Special Nuclear Material," further outlines the need for licensees to obtain prior written permission from the Commission before transferring control of licenses to other partie Furthermore, NUREG-1556, Volume 15 clarifies that transferring control of an NRC license without proper notification is considered to be an act of noncompliance with the NRC regulations and, more specifically, is typically considered to be a Severity Level III violation and may warrant escalated enforcement action, to include civil penalties and orders against one or both of the parties involved, if indicated by the circumstance Under Section 189.a(1)(A) of the Atomic Energy Act of 1954, as amended (AEA), an application for TOC of a license shall be subject to an opportunity for hearin In 1998, the NRC issued a final rule, "Streamlined Hearing Process for NRC Approval of License Transfers" (1998 Rule), (Federal Register, 63 FR 66721; December 3, 1998). This rule amended 10 CFR Part 2, "Agency Rules of Practice and Procedure," to provide "uniform" procedures and "rules of practice" that would be applicable to all license transfers requiring prior NRC approva Under the 1998 Rule along with the 1999 final rule, "Electronic Availability of NRC Public Records and Ending of NRC Local Public Document Room Program" (1999 Rule) (64 FR 48942; September 9, 1999), the following documents must be placed at the NRC Web site, http:// www.nrc.gov: the license transfer application and any associated requests; the NRC correspondence with the applicant or licensee related to the application; the NRC staff Safety Evaluation; any NRC staff order which acts on the license transfer application; and, if a hearing is held, the hearing record and decisio The procedures for requesting a hearing and petitions to intervene are set forth in 10 CFR 2.309, "Hearing Requests, Petitions to Intervene, Requirements for Standing, and Contentions." Under those procedures, interested persons have 60 days from the date the transfer is noticed on the NRC Web site, as described below, to submit a request for hearing or petition to intervene and must do so in accordance with the e-filing and other requirements set forth in 10 CFR 2.30 Under 10 CFR 2.1301 and 10 CFR 2.1305, as amended by the 1998 Rule and 1999 Rule, members of the public may submit written comments as an alternative to a request for a hearing or petition to intervene, and "[the NRC] will notice receipt of each application for direct or indirect transfer of a specific NRC license by placing a copy of the application at the NRC Web site, http://www.nrc.gov." Furthermore, "if appropriate, [the NRC will] respond to submitted comments, but these comments do not otherwise constitute part of the decisional record."
 
Written comments are required to be submitted to the NRC within 30 days after public notice of the receipt of the application, and the NRC will provide the licensee with a copy of any received comment While the licensee is not required to respond to the written comments, if it chooses to do so, any response must be submitted to the NRC within 10 days of the licensee's receipt of the comment This RIS has been revised to clarify the NRC's process for TOC applications of uranium recovery and complex material facility licensees because they are more complex transfers than TOC applications of portable gauge users, medical institutions, and sealed source and device manufacturers and distributors, for exampl RIS 2014-08, Rev 1 
 
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